Criminal Procedure Commons^™

The Federal Sentencing Guidelines: Miracle Cure For Sentencing Disparity, Kathryn A. Walton

Kentucky Law Journal

No abstract provided.

Prison Reform Issues For The Eighties: Modification And Dissolution Of Injunctions In The Federal Courts, Sarah N. Welling, Barbara W. Jones

Law Faculty Scholarly Articles

During the past two decades, federal courts have become involved in the supervision of state and local prison systems. This supervisory role is the result of a new type of litigation, the institutional reform lawsuit. These lawsuits originate when prisoners sue state or local prison administrators, alleging unconstitutional conditions of confinement. Plaintiffs usually seek a permanent injunction outlining a plan to eliminate the offending conditions. As prison litigation matured, the normal evolution of these lawsuits led to new questions taking center stage in the 1980's, questions of injunction, modification, and dissolution.

This article begins with a summary examination of prison …

Judicial Vigilantism: Inherent Judicial Authority To Appoint Contempt Prosecutors In Young V. United States Ex Rel Vuitton Et Fils S.A., Neal Devins, Steven J. Mulroy

Kentucky Law Journal

No abstract provided.

Victims In The Criminal Process: A Utilitarian Analysis Of Victim Participation In The Charging Decision, Sarah N. Welling

Law Faculty Scholarly Articles

Crime victims are currently being given the right to participate in criminal prosecutions at both the sentencing and plea bargaining stages. These are important steps in a criminal prosecution, but both the sentence and the plea bargain are dependent on the initial charging decision which determines what crime is to be prosecuted or whether there is to be any prosecution at all. As a prerequisite to both a plea bargain or a sentence, the charging decision is the crux of the prosecution.

Given the importance of the charging decision, and the fact that some jurisdictions have granted victims a right …

Confronting Rape Shield, Allison I. Connelly

Law Faculty Popular Media

In this newsletter article, Professor Connelly discusses the difficulties faced by defense attorneys in addressing rape shield laws.

Silencing Gideon's Trumpet: The Plight Of The Indigent Prisoner, Allison I. Connelly

Law Faculty Popular Media

In this newsletter article, Professor Connelly discusses the difficulties faced by indigent prisoners in gaining access to the justice system.

Capital Juries And The Fair Cross-Section Requirement: Modern Constitutional Reasoning In Jury Selection, John Coleman Ayers

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Law Faculty Scholarly Articles

Many important criminal procedure cases were decided by the Kentucky appellate courts during the Survey period-too many to permit meaningful comment on each case. The author has selected those criminal procedure cases he feels are most significant and has not attempted to comment on penal code cases, most of which involve matters of criminal law.

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Procedure, William H. Fortune, Sarah N. Welling

Law Faculty Scholarly Articles

Significant criminal procedure decisions of the Kentucky appellate courts for the period July 1, 1982 to July 1, 1983, have been selected for discussion in this Survey. Included in this survey is an extensive discussion of selected cases in the areas of warrants, competency of counsel, pretrial discovery of witness statements, venue, belated attacks on criminal convictions, and the right to talk to an attorney before taking a breathalyzer test.

The Dilemma Of Criminal Responsibility, David L. Bazelon

Kentucky Law Journal

No abstract provided.

The Not Guilty By Reason Of Insanity Verdict: Should Juries Be Informed Of Its Consequences?, Jennifer Fletcher

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Law Faculty Scholarly Articles

This Survey covers significant criminal procedure decisions of the Kentucky appellate courts for the period July 1, 1980, to July 1, 1982. It does not include cases construing the penal code or noteworthy decisions in the Kentucky law of evidence. The author has selected the most important criminal procedure cases for treatment in the text; a number of significant cases are summarized in footnotes.

Kentucky Law Survey: Criminal Procedure, William H. Fortune, Sarah N. Welling

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Kentucky Law Journal

No abstract provided.

The Destruction Of Subpoenaed Corporate Records, Michael D. Risley

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Rules, William H. Fortune

Law Faculty Scholarly Articles

In May 1978 the Kentucky Supreme Court set up a Criminal Rules Revision Committee (Advisory Committee) to study Kentucky's Rules of Criminal Procedure. The purpose of the Advisory Committee was to make recommendations to the Judicial Council. The committee met sixteen times between July 1978 and July 1980, and at the conclusion of its study, submitted a comprehensive revision of the rules of criminal procedure to the judicial council. These proposed revisions went beyond mere amendment of the existing rules. The Advisory Committee drew heavily from the Federal Rules of Criminal Procedure, and ultimately proposed extensive changes in plea bargaining, …

Voir Dire In Kentucky: An Empirical Study Of Voir Dire In Kentucky Circuit Courts, William H. Fortune

Law Faculty Scholarly Articles

Voir dire is the stage of a jury trial at which prospective jurors are questioned under oath by court or counsel to determine their suitability as jurors in the case to be tried. Kentucky's high court has repeatedly recognized the importance of voir dire to the exercise of for-cause and peremptory challenges.

The trial judge's wide discretion in voir dire, however, necessarily makes a review of appellate decisions of minimal assistance in ascertaining what actually occurs during this important phase of a jury trial. Published opinions provide little guidance in this area; information about voir dire must come from a …

Kentucky Law Survey: Criminal Rules, William H. Fortune

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Procedure, Wayne F. Collier

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Procedure, Frank T. Becker, Richard W. Hay

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Procedure, Matthew J. Fritz

Kentucky Law Journal

No abstract provided.

Determinate Sentencing: The Promises And Perils Of Sentence Guidelines, David Crump

Kentucky Law Journal

No abstract provided.

Plea Bargaining: The Experiences Of Prosecutors, Judges, And Defense Attorneys By Milton Heumann, John Barkai

Kentucky Law Journal

No abstract provided.

Presuming Lawyers Competent To Protect Fundamental Rights: Is It An Affordable Fiction?, Robert G. Lawson

Law Faculty Scholarly Articles

This article explores the ramifications of Wainwright v. Sykes, a case decided before the Supreme Court of the United States in 1977. The broad question before the Court in Sykes concerned the extent to which state prisoners should have access to federal court by use of the writ of habeas corpus. The narrow issue before the Court concerned the impact on a prisoner's claim for habeas relief of procedural defaults (such as a failure to object to evidence, a failure to perfect an appeal, etc.) that occur in the state proceeding under attack. In considering these important issues Justice …

Kentucky Law Survey: Criminal Procedure, Albert T. Quick

Kentucky Law Journal

No abstract provided.

The Contemporaneous Objection Rule: Time For A Re-Examination, Matthew J. Fritz

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Procedure, Albert T. Quick

Kentucky Law Journal

No abstract provided.

The Conundrum Of Criminal Discovery: Constitutional Arguments, Aba Standards, Federal Rules, And Kentucky Law, Rebecca Westerfield

Kentucky Law Journal

No abstract provided.

The New Federalism In Criminal Procedure Revisited, Donald E. Wilkes Jr.

Kentucky Law Journal

No abstract provided.